Prince Bismarck and his Policy, 



109 



Upon a vacancy by judicial determination, the upper 

 president was to summon the cathedral chapter, in order 

 that the vacancy might be filled by election ; and in case 

 no election should be had, then the minister for church 

 affairs was authorized to appoint a commissioner to 

 manage the real and personal property. 



Provisions were also made for filling vacancies in other 

 orders of the priesthood. The persons appointed under 

 the provisions of the law were authorized to cause this to 

 be done by election by the congregation, and provisions 

 were made for holding such elections, and for investing 

 the persons elected with the ofiices. 



On May 20th, 1874, another law was passed concerning 

 the management of the vacated Catholic bishoprics. 



On the 5th day of February, 1875, the pope issued his 

 encyclical letter, addressed to " his venerable brothers the 

 archbishops and bishops in Prussia," in which among 

 other things he said : 



"In order to fulfil the duties of this apostolic seat we 

 declare publicly to all whom it concerns, as well as to the 

 entire Catholic world, that these laws are null, because 

 they are contrary to the divine constitution of the church ; 

 for it is not to the powers of the earth that the Lord has 

 committed the bishops of His church in what concerns 

 His sacred service, but to Peter, to whom He has com- 

 mitted His lambs and His sheep." 



The gauntlet thus thrown down was taken up at once 

 at Berlin. ''We shall not go to Caiiossa." 



A law was passed for the management of the property 

 of the Catholic church ; and on the 3d of March, 1875, a 

 law concerning the suppression of the payment of the state 

 aid to the Eoman Catholic bishops and clerg3\ It abso- 

 lutely suspends such payments, but the suspension is to be 

 removed so soon as the archbishop, or bishop, etc., pledges 

 himself in writing to obey the laws of the state. The re- 



